Out of state resident buying a gun in GA

dawg2

AWOL ADMINISTRATOR
NOT all of them.:bounce: And as long as they are not handguns who cares? If they are in a case and placed out of the occupants reach there are no laws being broken.

B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]



(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]


http://www.atf.gov/firearms/faq/faq2.htm#b2
 

WTM45

Senior Member
NOT all of them.:bounce: And as long as they are not handguns who cares? If they are in a case and placed out of the occupants reach there are no laws being broken.

The ATF does.
You are dead wrong. If you do not use an FFL on an interstate firearms transaction, you have committed a felony.
 

dawg2

AWOL ADMINISTRATOR
The ATF does.
You are dead wrong. If you do not use an FFL on an interstate firearms transaction, you have committed a felony.

Sounds like multiple....
 

polaris30144

Senior Member
Apparently ignorance of a law is supposed to be a defense? 50 Caliber, if you buy it out of state and it is not transfered through an FFL, you are committing a federal felony. End of story, no excuses accepted by the federal prosecutor if you are caught, straight to the federal jail. The federal government cares if you are breaking laws......If you are buying guns out of state, they must be processed by an FFL. You seem to be talking about two different things. Your original post stated you were breaking the law and who cares? Your subsequent posts allude to the fact that it can be done legally, which it can if you follow the law. Either your communication skills are flawed or you are trying to flaunt your disregard for the law by stating you do it all of the time. Either way, good luck with not getting caught or at least having to explain to a law enforcement person what you are doing.
 

12gamag

Senior Member
Unless the gun was originally sold before GCA 68 there will be a record of original owner. I don't want to explain how I came to be in possession in another state without a paper trail. If people choose to commit a federal felony, then be prepared for the chance of getting caught. There is a bunch of reasons the gun could be run to check serial numbers. The main one would be that the guy didn't know he was breaking the law, in which case he might just tell a cop he just bought the gun in another state from a private individual. If he bought the gun in Florida and got in a wreck in another state before getting home, the cops might take an interest in the contents of the vehicle since they generally inventory it before it is towed. There are a lot of ways to get caught.

The law isn't there to inconvenience people, it is there to stop exactly what he said he was doing. Going out of state and buying untraceable(Private sales) guns and transporting across state lines. If you break the law often enough, eventually you will get caught. My point is, if he tells us here he might tell the wrong person someday and could ruin his ability to even own a gun in the future. I don't think it is a matter of right or wrong, it is illegal.




yea-but still-using the wreck as a instance....even if they did run the numbers on the gun they still would not have any hard proof that you bought the gun out of state....

THere would not be any physical proof! after all you could have bought the gun from your neibor bubba down the road...and he was the one that bought the gun out of state illegally....
 

Shug

Senior Member
Alright lets throw this into the mix. Say your papaw in ohio gave you and old shot gun, or your brother in arkansas gave you a rifle you have looked high and low for to complete your collection. Are you going to get a ffl dealer to do paper work on it before you cross state lines to bring it home to GA.
 

Laman

Senior Member
What happens when they go interview "bubba down the road" about the gun and he doesn't know what they are talking about? Now they add obstruction to the charges.
Its a hassle to go the FFL route but absolutely required and safer.
 

whitworth

Senior Member
Years ago as a PA resident

I purchased a handgun from a private party in PA, and we had to go through an FFL licensee.
Also, I had to wait three days to take possession of the firearm from the FFL licensee, and then go to the local police chief to get a license(not a concealed carry) to just take the handgun to the pistol range.

If I were the PA fella, I'd run it by a knowledgeable FFL licensee in Pennsylvania. There it might be an "illegally obtained firearm."
 

WTM45

Senior Member
Alright lets throw this into the mix. Say your papaw in ohio gave you and old shot gun, or your brother in arkansas gave you a rifle you have looked high and low for to complete your collection. Are you going to get a ffl dealer to do paper work on it before you cross state lines to bring it home to GA.

Yes. Bequest or intestate succession would be a different situation.
 
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50 Caliber

Member
The FFL's in question must have been ignorant as well! When the purchases were made my driveres license is involved, not one has said,"Oops we need to mail this purchase to your home state."
Do you guys know how many private sales are conducted each year in this country? Do you know that if every one was investigated, the law would be backed up for decades and get nothing else done.
 

WTM45

Senior Member
The FFL's in question must have been ignorant as well! When the purchases were made my driveres license is involved, not one has said,"Oops we need to mail this purchase to your home state."
Do you guys know how many private sales are conducted each year in this country? Do you know that if every one was investigated, the law would be backed up for decades and get nothing else done.

You are not hearing what is being said.

Non-resident purchases of longarms are legal in the eyes of the ATF when done through a licensed FFL.

You must use an FFL in YOUR STATE OF RESIDENCE to take posession of a handgun from an out of state seller, private or FFL.

It is a felony to sell a firearm, a person to person private transaction, to a resident of another state. PERIOD.
It is a felony to buy from a non-FFL source which is outside of your state of residence.
It is a felony to transport an illegally obtained firearm across state lines.


Title 18, USC 922 is the applicable law. Check it out for yourself.
 

50 Caliber

Member
OK!:banginghe
But still, How is any cop going to know if the firearm was purchased from my brother-in-law or an FFL if the firearm or persons in question, has never been in any kind of trouble? Im certainly NOT going to volunteer the information. And my Bro-In-Law wont.:huh:
Yes the FFL is "SAFER" If you want uncle Sam in every aspect of your life.
 

WTM45

Senior Member
It's not about being "safe" it is about being legal.
One violation with subsequent conviction takes away the ability to own and posess firearms FOR LIFE.

There are too many ways it can go bad.
For one example.......the firearm can be stolen from your dwelling. LE recovers it and the thief, the theif tells them where he stole it. The firearm goes through a chain of custody investigation. You get charged with illegally transporting it across state lines.

You have a fire at your dwelling while you are away. Local LE recovers the found firearms. Guess what they do with them?

You get a restraining order issued, and have to surrender your firearms. Guess what they do with them?

You have a major accident on the way to the rifle range or deer camp. LE takes the firearms for safekeeping. Guess what they do with them?

They run serials in NCIC to see if they are listed as stolen. Are you sure everything you have obtained is clean?

Can you provide documentation of purchase for a firearm that was originally sold (first FFL selling it) in another state? All easy chain of custody investigations done by ATF and LE across the nation.

What would be your defense against the felony charges?
 

teethdoc

Senior Member
The FFL's in question must have been ignorant as well! When the purchases were made my driveres license is involved, not one has said,"Oops we need to mail this purchase to your home state."
Do you guys know how many private sales are conducted each year in this country? Do you know that if every one was investigated, the law would be backed up for decades and get nothing else done.

There are a ton of people that hunt over corn too, but that don't mean it's not illegal. If you disagree with a law, fight to get it changed, but it is wise to obey it in the mean time.
 
Do you know that if every one was investigated, the law would be backed up for decades and get nothing else done.

They don't have to investigate them all to put your butt in a sling, they just have to investigate one.

As I made the point above, you may never do anything the rest of your life to draw attention to yourself. Are you sure that your partner in this illegal transaction will be as circumspect?
 
I trade you my pistol for yours. One owner is from Florida, the other is from Georgia.

In that case, two FFL's would be involved, one each in the state of residence of each new owner, respectively.
 

polaris30144

Senior Member
yea-but still-using the wreck as a instance....even if they did run the numbers on the gun they still would not have any hard proof that you bought the gun out of state....

THere would not be any physical proof! after all you could have bought the gun from your neibor bubba down the road...and he was the one that bought the gun out of state illegally....

You are in possession of an illegal firearm in a state other than your home state, hard proof is not necessary to charge you only preponderance of evidence is. The Feds don't care how, they will charge you and you will have to defend yourself. Unless you are a lawyer, you will spend a lot of money and still end up in jail. Why is it that some people are so intent on breaking the law and wanting approval from others for doing it? Arguing with someone that can't even use spell check would be rather easy win for a Federal prosecutor. Lay lawyers are a dime a dozen. I try to follow the law, if in doubt I ask an attorney for an opinion not Bubba on the street.
 

BookHound

Senior Member
Not only are some of these guys in violation of the law, they are posting about it on a public internet forum. That is not very smart at all.

Government agencies DO lurk on these boards. I know this for a fact. ;)

Mark
 
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